Monday, November 10,
2025 - A former Kenya Defence Forces (KDF) soldier has won a landmark case
after the Court of Appeal upheld a ruling declaring his dismissal and
imprisonment unconstitutional.
The soldier, who served for ten years, was awarded Ksh 8
million in compensation.
The dispute began in 2012 when the soldier failed to report
for duty on a Saturday, citing religious observance of the Sabbath.
Despite requesting permission to attend worship on May 31st,
his supervisor denied the request, marking the first refusal in his decade of
service.
He was later imprisoned for 42 days and dismissed on grounds
that his services were no longer required.
The soldier filed a constitutional petition with the
Employment and Labour Relations Court (ELRC), arguing that his rights had been
violated.
Justice Pauline Nyamweya ruled in his favor, awarding Ksh 5
million for violation of religious rights, Ksh 3 million in exemplary damages
for unlawful imprisonment, and 12 months’ salary for wrongful termination, with
interest and legal costs.
The Chief of Defence Forces, Defence CS and Attorney General
appealed, arguing the soldier’s absence was insubordination.
They cited Section 255 of the KDF Act and warned that
religious exemptions could undermine military discipline.
However, the Court of Appeal upheld the ELRC decision,
affirming that constitutional protections, including religious freedom, must be
respected, even within disciplined institutions like the military.
The Kenyan DAILY POST
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